Getting Married in South Dakota: Legal Guide for Couples
Getting married in South Dakota requires couples to obtain a marriage license from any county Register of Deeds office, with no waiting period after issuance and the license remaining valid for 20 days. South Dakota does not require blood tests or residency requirements, making it relatively straightforward for both residents and non-residents to marry in the state.
Marriage licenses in South Dakota must be used within 20 days of issuance, and the ceremony must be performed by an authorized officiant such as a judge, magistrate, or ordained minister. Failure to comply with these requirements could result in your marriage not being legally recognized.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements
In South Dakota, couples must obtain a marriage license before getting married. Both parties must appear in person at a county Register of Deeds office. There is no waiting period after receiving the license, and the license is valid for 20 days after issuance. The fee is typically $40, but varies by county.
Age Requirements
In South Dakota, the minimum age to marry is 18 years. Individuals who are 16 or 17 years old may marry with parental/guardian consent. Anyone under 16 cannot legally marry in South Dakota.
Blood Test and Health Examination
South Dakota does not require blood tests or health examinations for marriage licenses, unlike some other states.
Residency Requirements
South Dakota does not have residency requirements for marriage. Non-residents can obtain a marriage license and get married in the state.
Solemnization Requirements
South Dakota law recognizes marriages performed by judges, magistrates, justices of the peace, and ordained ministers or priests. The person performing the ceremony must complete the marriage certificate and return it to the county Register of Deeds within 10 days of the ceremony.
Prohibited Marriages
South Dakota prohibits marriages between close relatives (siblings, parent-child, etc.). The state also does not recognize common law marriages formed within the state after July 1, 1959, though it may recognize valid common law marriages from other states.
Name Change After Marriage
While not required, individuals who wish to change their name after marriage can do so using their marriage certificate as legal documentation. This applies to driver's licenses, Social Security cards, passports, and other official documents.
Regional Variances
County Marriage License Requirements in South Dakota
As the most populous county in South Dakota, Minnehaha County (where Sioux Falls is located) requires both parties to appear in person at the Register of Deeds office. The marriage license fee is $40, and there is no waiting period. The license is valid for 20 days after issuance.
In Pennington County (where Rapid City is located), couples must apply in person at the Register of Deeds office. The fee is $40, and the license is valid for 20 days. They specifically require government-issued photo ID and proof of social security number.
Brown County requires both applicants to appear in person with valid ID. The fee is $40, and there is no waiting period. If either party was previously married, proof of how the marriage ended (divorce decree or death certificate) must be provided.
In Lawrence County (which includes Deadwood, a popular wedding destination), marriage licenses cost $40 and are valid for 20 days. The county specifically notes that no blood tests or physical examinations are required, which differs from some historical requirements.
For marriages on tribal lands within South Dakota (such as Pine Ridge, Rosebud, or Standing Rock Reservations), tribal laws may apply in addition to or instead of state laws. Couples should check with the specific tribal court or government office, as requirements and procedures may differ from state regulations.
City-Specific Marriage Regulations in South Dakota
Sioux Falls has specific regulations for outdoor wedding venues in public parks. A special event permit may be required for weddings in Falls Park or other city parks, which must be obtained at least 14 days in advance through the Parks and Recreation Department.
Rapid City requires permits for weddings held in public spaces such as Dinosaur Park or Canyon Lake Park. For ceremonies at Chapel in the Hills, a popular wedding venue, reservations must be made well in advance as they only perform ceremonies from May through September.
Deadwood, known for its historic wedding chapels, has specific regulations for historic district weddings. If planning a wedding in a historic building, additional permits may be required from the Historic Preservation Commission.
For weddings near Custer or in Custer State Park, special permits are required for ceremonies in the park. These must be obtained through the South Dakota Game, Fish and Parks Department, and certain locations like Sylvan Lake require reservations up to a year in advance.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn South Dakota, both parties must appear in person at any county Register of Deeds office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and your Social Security number. The fee is typically $40, and there is no waiting period in South Dakota. The license is valid for 20 days after issuance, so plan accordingly.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In South Dakota, prenups must be in writing, signed by both parties, and executed before the marriage. Each party should have independent legal counsel review the agreement to ensure enforceability. The agreement should be finalized well before the wedding to avoid claims of coercion.
Update or Create a Will
30-60 days after wedding days after startingMarriage automatically changes certain inheritance rights in South Dakota. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In South Dakota, a valid will must be in writing, signed by you, and witnessed by two competent individuals who also sign the document.
Create a Durable Power of Attorney
30-60 days after wedding days after startingThis document allows your spouse or another trusted person to make financial decisions on your behalf if you become incapacitated. In South Dakota, a durable power of attorney must be in writing, signed by you (the principal), and either notarized or signed by two witnesses who are not named as agents in the document.
Create a Healthcare Power of Attorney
30-60 days after wedding days after startingThis document designates someone (typically your spouse) to make medical decisions for you if you're unable to do so. In South Dakota, this document must be signed by you and either notarized or witnessed by two adults who are not your healthcare providers or employees of your healthcare facility.
Update Beneficiary Designation Forms
30-60 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in South Dakota, so you must update them manually if you want your spouse to be a beneficiary.
Apply for Name Change (if applicable)
30-60 days after wedding days after startingIf either spouse is changing their name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In South Dakota, you can use your marriage certificate as proof of your name change without filing a separate court petition.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment. In South Dakota, you typically have 30-60 days after your wedding to make these changes. Contact your insurance provider or employer's HR department to understand the specific process and deadlines.
Consider Joint Bank Accounts
60-90 days after wedding days after startingDecide whether to maintain separate accounts, create joint accounts, or use a combination approach. If opening joint accounts, both spouses will need to visit the financial institution together with identification documents and your marriage certificate.
Research Property Ownership Options
90 days after wedding days after startingSouth Dakota is a separate property state, not a community property state. This means property acquired during marriage isn't automatically considered jointly owned. Research options like joint tenancy with right of survivorship, tenancy in common, or other ownership structures for real estate and significant assets.
Update Tax Filing Status
By next tax filing deadline days after startingUnderstand how marriage will affect your tax situation. In South Dakota (which has no state income tax), you'll need to consider how your federal tax filing status will change. You can file jointly or married filing separately for the tax year in which you get married, even if you marry on December 31st of that year.
Review and Update Estate Plan
90-120 days after wedding days after startingBeyond a will, consider whether you need a trust or other estate planning tools. South Dakota has favorable trust laws and no state estate or inheritance taxes, making it an attractive state for comprehensive estate planning. Consider consulting with an estate planning attorney to develop a complete plan.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In South Dakota, both parties must appear in person at any county Register of Deeds office to apply for a marriage license. You'll need to bring valid photo ID (driver's license, passport, etc.) and your Social Security number. The fee is typically $40, and there is no waiting period in South Dakota. The license is valid for 20 days after issuance, so plan accordingly. | - | 30-60 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities. In South Dakota, prenups must be in writing, signed by both parties, and executed before the marriage. Each party should have independent legal counsel review the agreement to ensure enforceability. The agreement should be finalized well before the wedding to avoid claims of coercion. | Prenuptial Agreement | 90-120 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in South Dakota. Create or update your will to reflect your new marital status and ensure your assets are distributed according to your wishes. In South Dakota, a valid will must be in writing, signed by you, and witnessed by two competent individuals who also sign the document. | Updated Will | 30-60 days after wedding |
| Create a Durable Power of Attorney | This document allows your spouse or another trusted person to make financial decisions on your behalf if you become incapacitated. In South Dakota, a durable power of attorney must be in writing, signed by you (the principal), and either notarized or signed by two witnesses who are not named as agents in the document. | Durable Power of Attorney | 30-60 days after wedding |
| Create a Healthcare Power of Attorney | This document designates someone (typically your spouse) to make medical decisions for you if you're unable to do so. In South Dakota, this document must be signed by you and either notarized or witnessed by two adults who are not your healthcare providers or employees of your healthcare facility. | Healthcare Power of Attorney | 30-60 days after wedding |
| Update Beneficiary Designation Forms | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage doesn't automatically change these designations in South Dakota, so you must update them manually if you want your spouse to be a beneficiary. | Beneficiary Designation Forms | 30-60 days after wedding |
| Apply for Name Change (if applicable) | If either spouse is changing their name after marriage, you'll need to update your Social Security card first, then your driver's license, passport, and other identification documents. In South Dakota, you can use your marriage certificate as proof of your name change without filing a separate court petition. | Name Change Application | 30-60 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance or change plans outside of open enrollment. In South Dakota, you typically have 30-60 days after your wedding to make these changes. Contact your insurance provider or employer's HR department to understand the specific process and deadlines. | Health Insurance Coverage Change Form | 30 days after wedding |
| Consider Joint Bank Accounts | Decide whether to maintain separate accounts, create joint accounts, or use a combination approach. If opening joint accounts, both spouses will need to visit the financial institution together with identification documents and your marriage certificate. | Joint Bank Account Application | 60-90 days after wedding |
| Research Property Ownership Options | South Dakota is a separate property state, not a community property state. This means property acquired during marriage isn't automatically considered jointly owned. Research options like joint tenancy with right of survivorship, tenancy in common, or other ownership structures for real estate and significant assets. | - | 90 days after wedding |
| Update Tax Filing Status | Understand how marriage will affect your tax situation. In South Dakota (which has no state income tax), you'll need to consider how your federal tax filing status will change. You can file jointly or married filing separately for the tax year in which you get married, even if you marry on December 31st of that year. | - | By next tax filing deadline |
| Review and Update Estate Plan | Beyond a will, consider whether you need a trust or other estate planning tools. South Dakota has favorable trust laws and no state estate or inheritance taxes, making it an attractive state for comprehensive estate planning. Consider consulting with an estate planning attorney to develop a complete plan. | - | 90-120 days after wedding |
Frequently Asked Questions
In South Dakota, both parties must be at least 18 years old (or 16-17 with parental consent). You'll need to apply for a marriage license at any county Register of Deeds office, pay a fee (typically $40), and provide valid photo ID. There is no waiting period in South Dakota, and the license is valid for 20 days after issuance. You'll need an officiant (judge, magistrate, minister, or other authorized person) and two witnesses for the ceremony.
No, South Dakota does not require blood tests or medical examinations to obtain a marriage license.
Yes, non-residents can get married in South Dakota. There is no residency requirement to obtain a marriage license in the state.
You'll need to bring valid photo identification (driver's license, passport, or state ID), your Social Security numbers (though the actual cards aren't required), and the application fee (approximately $40, cash is typically preferred). If previously married, you may need to provide divorce decrees or death certificates.
A South Dakota marriage license is valid for 20 days from the date of issuance. The ceremony must take place within this timeframe, or you'll need to apply for a new license.
Yes, but they must be legally authorized. South Dakota allows ordained ministers, priests, judges, magistrates, and justices of the peace to perform marriages. Your friend or family member can become ordained online through various religious organizations, but they should verify that their ordination is recognized in South Dakota.
Yes, South Dakota law requires two witnesses who are at least 18 years old to be present at your wedding ceremony.
After the ceremony, the officiant must complete the marriage certificate portion of your license and return it to the Register of Deeds office where it was issued within 10 days. Once filed, you can request certified copies of your marriage certificate for official purposes like name changes.
To change your name after marriage in South Dakota, you'll need your certified marriage certificate. First, update your Social Security card at the Social Security Administration, then your driver's license at the DMV, and finally notify other institutions (banks, employers, insurance, etc.). There's no requirement to change your name after marriage; it's entirely optional.
Yes, same-sex marriages are legal throughout the United States, including South Dakota, following the U.S. Supreme Court's decision in Obergefell v. Hodges in 2015. Same-sex couples have the same marriage rights and responsibilities as opposite-sex couples.